Combustible Cladding: New NSW Regulation

The NSW Government has introduced new requirements for residential and other buildings that have external combustible cladding.  These changes commenced on 22 October 2018 and are contained within the Environmental Planning and Assessment Amendment (Identification of Building with combustible Cladding) Regulation 2018 and State Environmental Planning Policy Amendment (Exempt Development -  Cladding and Decorative Works) 2018, both of which are under the Environmental Planning and Assessment Act 1979.

Under the new Regulation, owners of certain buildings with combustible cladding are now required to register their building with the NSW Government through a NSW Cladding Registration portal.

The requirements apply to the following buildings of two or more storeys:

  • Residential apartment buildings;
  • Other types of residential buildings where people sleep, such as hotels, boarding houses, backpacker’s accommodation, student accommodation;
  • Aged-care buildings, hospitals and day surgeries (and any associated single dwellings within the building);
  • Public assembly buildings such as theatres, cinemas, schools and churches.

The new Regulation applies if the buildings have external combustible cladding made of the following material:

  • metal composite panels, including products that consist of aluminium, zinc, or copper outer layers and a core material; or
  • insulated cladding systems including systems comprised of polystyrene, polyurethane, and polyisocyanurate.

The Regulation require owners of existing buildings that fall within these categories to register their building on the portal by 22 February 2019. Owners of new buildings will be required to register their building within four months of the building first being occupied.

A link to the NSW Department of Planning’s website with details of the new legislation is available here

Members are encouraged to read the Valuation Protocol concerning Cladding on Buildings amended last year, available here